Schoonwinkel v Inspec Group Pty Ltd & Ors
[2023] QCA 173 · Bond JA, Dalton JA, Flanagan JA
This was a procedural appeal in a personal injuries claim where Mr Schoonwinkel, acting for himself, was trying to push forward a $4.9 million workplace injury claim arising from alleged misconduct at Blackwater Coal Mine, including a sexual comment, being burnt with a cigarette, faeces-like matter being smeared on his car, and an alleged inadequate response by the respondents. He applied for orders forcing the parties into a PIPA compulsory conference and requiring disclosure, but when he appeared by phone he spoke Afrikaans rather than English; the judge adjourned the application rather than dismissing it, and he appealed on the basis that he should have been provided or allowed an interpreter. The Court of Appeal dismissed the appeal, finding there was no evidence he could not understand or communicate in English, his documents were written in good English, and he had no right to speak Afrikaans in court or to have a court-funded interpreter in those circumstances.
Incident & injury
Plaintiff alleges a co-worker made a sexual comment and burnt his hand with a cigarette when he retaliated; faeces-like matter was smeared on his car windscreen the same or next day.
- Body regions
- Hand, Psychiatric
- Location
- Blackwater Coal Mine
Quick facts
- Date of judgment
- 25 August 2023
- Claim type
- PIPA Public Liability
- Proceeding
- Appeal
- Plaintiff outcome
- Unsuccessful
- Occupation
- Diesel fitter Technician / Trade Worker
Outcome
Appeal from an order adjourning the appellant's application for a compulsory conference and disclosure under PIPA was dismissed with costs. The Court of Appeal held there is no right to an interpreter, the decision was discretionary, and the primary judge's discretion did not miscarry.
Key issues
Schoonwinkel v Inspec Group Pty Ltd & Ors [2023] QCA 173
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